CSHJR 28(FIN)-CONST. AM:BUDGET RES.FUND/OIL& GAS TAX  CHAIR FRENCH announced the consideration of CSHJR 28(FIN). The bill was heard previously. 4:41:24 PM LINDA HAY, Staff to Representative Ralph Samuels, co- sponsor of HJR 28, introduced herself. CHAIR FRENCH described HJR 28 as an interesting idea that should advance to the next committee. That being said, he has two reservations - one philosophical and one practical. Philosophically he questions how rich government should grow. He recognizes that this state is different than others because it's a resource state so HJR 28 isn't reaching into people's pockets to do this. I don't think we could get away with that, he said. But because we live in a resource state and because most everyone recognizes that the resource isn't infinite, we should save some. The more practical issue revolves around what happens in the future. I think that we all recognize that at some point in the future the five percent payout won't be enough to sustain government, he said. When that happens, lawmakers will have the choice of imposing an income tax or using the money in the "strongbox." He said he has a hard time believing that as a body the legislature will have the wherewithal to impose an income tax if all that rainy day money is sitting there. He believes that at some point the legislature will undo this and reach in and get the money out. 4:43:38 PM SENATOR THERRIAULT commented that if this is set up, it would take a constitutional amendment to undo, so reaching in to get the money out may be easier said than done. CHAIR FRENCH said he thinks that procedurally a resolution would go to the people asking if they want to be taxed or if they want to take the money from the strong box. SENATOR McGUIRE said her hope is that government growth is controlled. The main point the sponsor made was that continued growth in the operating and capital budgets is unsustainable. I hope we live within our means, she said. CHAIR FRENCH said the slide showing the relationship between the surplus and government spending was very persuasive. 4:45:11 PM SENATOR HUGGINS motioned to report CSHJR 28 from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection, CSHJR 28(FIN) is moved from the Senate Judiciary Committee.